gitana1
Verified Attorney
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- May 31, 2005
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Before sentencing, the defendants will be subjected to a pre-sentencing report interview. The probation officer who conducts the interview will issue a pre-sentencing report which will include a narrative and recommendations.My assumption was that RF's testimony about the extent of JH's sadistic cruelty will be critical in determining JH's sentence, but I'm not sure about how that works exactly. Maybe RF has already done all her testifying about what transpired as part of her plea deal or perhaps RF will testify on sentencing day (Feb 20, is it?).
The information gleaned from the kids during their interviews surely has been key in corroborating the testimony of RF and JH.
JH went completely off the rails this past summer and didn't bother to try to hide her sadism - she tortured and starved two children.
MOO, She was so deep into her psychopathy that she didn't care where this was going, which was ultimately the death of these two children from starvation and thirst -- I can't see any other outcome if the son hadn't escaped.
Then, at sentencing, the judge will consider the report, the defendants can make statements, the prosecutor will argue aggravating factors and the defense will argue mitigating factors. I don’t know if in Utah it is an evidentiary hearing at which time people can testify as to the aggravators and mitigators. I think that’s only for capital cases (death penalty). But the mitigators are set:
Mitigating factors
These are facts of the case that can make the punishment less severe, including:- whether the offender was exceptionally cooperative with law enforcement;
- is a good candidate for treatment;
- has developmental disabilities.
Criminal Penalties

The bottom line is that the benefit of Franke’s deal was that she would testify against Hildebrandt in order to help the state convict Hildebrandt, in exchange for a possible lighter sentence. Now the state doesn’t need that help. Hildebrandt pled guilty. Both defendants are now on the same level when it comes to sentencing. They’ve both pled guilty to the same exact charges (I believe), with no guarantee as to sentence, except that the sentences can be consecutive. Which is rad.